We are purchasing a new construction single-family home from a builder. All our change orders thus far for upgrades included the invoice from the subcontractor/supplier where the cost was based on our selection (cabinets, countertops, etc.).
We upgraded the master bathroom and the change order for the upgraded shower/floor tiles based on our tile and flooring selections is missing the invoice from the flooring/tile company. The builder is refusing to provide the invoice and asking us to make the payment without it.
Can he withhold the invoice? What are our options to get the invoice for the additional work/materials we are paying for?
PS: The upgrade was not based on a fixed fee. The upgrade price is dependent on our selections as was the case with the previous change orders where we selected the cabinets and countertops....Read More
I am a property owner where my contractor walked away from the job introducing an un-approved change order. He has already collected 85% of total payment from 7out of 8 milestones but only completed 75-85% of each milestone work. At the final stage he introduced a change order for the work done in 4/5th milestone and 2.5 months before. That change order was never known to us and never approved so its payment got denied by us. When we told him to complete the paid milestone job immediately he left the work (He threatened many times before to quit the project too ---red flag but we were stuck with a contract). We paid 7 milestones 100% payment in good faith but we got cheated in return and now we don't know how to proceed. If we sue him, we will end up spending more than he owes us. Small claim court is too small an amount to cover. Our project has stopped for the last one month and we don't know what is the best way. ...Read More
I am property owner where my contractor walked away from the job introducing an un-approved change order. He has already collected after collecting 85% of final payment from 7 milestones but only completing 75-85% of each milestone. At the final he introduced a change order for the work done in 4/5th milestone and 2.5 months before whose payment got denied by us. When we told him to complete the paid milestone job first he left the work (threaten many times before to quit the project too). We paid 7 milestones 100% payment in good faith but we don't cheated and now we don't know how to proceed. If we sue him, we will end up spending more than he owes us. Small claim court is to less amount.
Our project is stopped from last one month and we don't know what is best way....Read More
Work in the construction industry by selling windows and doors mainly to builders. More times than not we will have add orders for a specific job (some taking up to 2 years to complete). Is it legal in North Carolina to treat each order and add order as a separate 'job'? If not, how do I handle the furnishing dates so as to not lose our lien rights?...Read More
Is it a scam to charge for an engineering blueprint and scope for an AC ductwork and not use it? Then provide an excuse for not including dampers because dampers are for business units? Also not setting ductwork layout according to the engineers blueprint plan. Ductwork was changed because of excessive mold found. Also, mechanic did not change the moldy plenum that was paid for until 1 week after new ducts were in place. Will this cause mold to grow in the new ducts....Read More
I contracted to upgrade the electrical panel on my home in July. The preliminary proposal included the installation of an EV charger at an additional cost of $600. I failed to notice when the contract was e-signed that the EV charger install was not included. No work and no communication occurred until December 12. At that time I realized my oversight and began discussion on changing the contract to add the installation of a dedicated outlet in the garage for a Level 2 EV charger. After multiple emails with the contractor, I received an email that the change order would be written up. The next day I received an email that after discussions with management they could not do the change order, but would leave a stub-out for future work. Is that acceptable under CA law and standard practice in the industry? ...Read More
I supplied and installed materials on a commercial project. The GC withheld major portions of monthly payments or didn't pay at all. I was unable to pay my workers and vendors. Then the GC excessively back charged my contract for work I could or would not perform due to an unachievable expidited schedule due to the GC poor coordination and management. The GC demanded that I put a large unsatiable work force to meet the expidited schedule with the promise of payment then didn't pay. The GC said that the owner was slow in payment. How do I fight the excessive back charges and collect monies due to my workers, vendors and collect for outstanding extras and change orders?...Read More
I am a subcontractor on this project even though I am a general contractor, I am only providing all the light gauge metal studs and all phases of the drywall including Exterior (Dens-glass) and interior on this particular project, it's a new build from the ground up, 5 stories 109 guest rooms. I was awarded the work as the GC knew I was from out of town, we allotted 6 months for this project from the time we started to the finish of our phases, based on the G.C.'S schedule and timetable for us. This project had a lot of issues with the schedule to begin with due to COVID this was put on hold for about a year or more before it came back online and had a lot of issues out of the gate, but we were in constant communication with the project manager and job superintendent. And based our schedule, on the job schedule from the project manager (through building connected) and that communication, and due to being from out of town, it took us many months to find a place to stay for four people that would all be working on the project, for an extended amount of time again allotting 6 months for the project, so finding a place to stay for the duration of the project had to be done months before our part of the project started. We were scheduled to be on and start the project on May 23rd 2022 so we made sure that we were here and moved into the place we rented a week prior to that so we would be ready to start on the 23rd. We were scheduled to have 10 working days to do the exterior Dens glass, but due to issues on the project, and none that were our fault, the constant delays prevented that from happening, and stretched that out to about 5 plus months before we could complete that, and even now at this point, 6 months in (today is 11/25/22) we are still waiting for them to address some issues so we can actually complete the exterior. And now they want to change some things on the exterior. Anyway all that we have done on the interior is about 200 sheets of prelim work. So, I need to know if I can and how I can bill for the "extended general conditions" on this project. meaning, can I bill them for the cost of our stay these last six months? I have six months of rent on the house we rented as well as an Office/storage container on site. I also have a lot of flights/travel (driving back and forth) between Sacramento where we are based and live and this project in LA. I am already trying to get them to approve my change orders on the material price increase since we first bid this 2 years ago, which they said wouldn't be an issue, but now it seems to be an issue, due to them changing management in the middle of this project. We still have about 5-6 months to go on this project which will double our projected timetable/ cost that was again based on "their" the General contractor/owners job schedule, and should not have to pay that out of our pocket. Can I bill for and how do I fight to make sure that they cover these cost due to their delays? Thank you....Read More
I hired a general contractor to redo my bathroom, and do a walk in shower. I requested a signed contract but he ignored my request, but furnished me with a detailed estimate. The floor of the tiled shower was not pitched right, neither was the shower threshold, and water was pooling. He redid it once and still not right. I hired a professional tiler to redo/repair it and it cost $1500. We discovered he had tiled over tile the second time! I also had the tiler replace the threshold at the bathroom entrance which was crooked which cost $290. He had also walked off the job with the doorway unpainted and back splash to vanity not installed.
He only deducted $1000 off of the bill for shower repair. He added costs to the bill unexpected like $100 for installing the toilet holder and mirror. $50 for "adjusting window" that wasn't on the estimate. He had told me he would take $500 off the bill in May for the fact we had 110V for washing machine (a European all in one) and he had priced for 220V. He didn't in the final invoice. He charged us $100 to vacuum up the debris that fell on my downstairs kitchen ceiling (that has a removable panel in case of plumbing issues) when he has "cleanup" as a part of his estimate.
Now he is saying unless he gets the full amount he invoiced me for, he will place a contractor's lien on Monday. I have just been approved for financing for a line of credit but haven't closed yet. I am worried this will mess that up. I planned on sending him a detailed certified letter and paying him the balance after deducting the cost of the tiler, and maint man to finish painting and install the back splash.
I have been told I have the Right of Recoupement. Can he still file a lien without a signed contract? I want to deduct the larger amount for the shower repair, plus the other things I mentioned, but don't want a lien on my hose. He will NOT negotiate at all. What can I do?
We are currently building a multifamily building in Southern California that is 2 stories of wood frame over concrete foundation and podium. We have engaged with a General Contractor to subcontract the frame and concrete work at the project. For the sake of clarity lets call this GC as GC 1. GC 1 has engaged with another company to perform the concrete and frame work, later on we found out that the company that GC 1 has engaged with also holds a General B license, which makes the company a general contractor. So lets call this company GC 2. So GC 1 has contracted GC 2 to perform the work and GC 2 has used its employees in its payroll to perform the work. GC 2 does not hold a C5 or C8 license. Does this mean that the company GC1 hired as a subcontractor (which is GC 2), does not have the proper licensing since they executed the job as a subcontract? The crew that GC 2 would pour concrete and then the same crew would switch their tools and work as framers. The quality of the work has caused problems such as problems with drywall not being level, windows not being level, water leak through concrete, additional stucco work to cover the concrete that was not properly formed are just a couple that comes to my mind. What is the best way to recoup some of the damages that were caused by GC 2 due to performing a trade without C5 or C8 license? And what kind of action can we take against the GC1 which has subcontracted this work to GC 2 knowing that the only license they have was a General B License?...Read More
We are a sub-sub contractor providing services to a sub on a big project. Our customer has give us multiple purchase orders/change orders to charge our services to so they are able to allocate funds on their end. Is there a need for us to send a separate Preliminary notice for each phase or PO if it is with the same customer on the same job?...Read More
I'm a Concrete Contractor, for this project we have not gotten payed, The owner says no Change Orders were signed but she agreed to them. Her checks bounced for non sufficient funds and she won't answer emails, we sent notices via certified mail and notices have been left for the documents but nobody has claimed them and returned to sender. Using levelset, we learned the property is owned by a different person and we have notified them as well and have not gotten any response from the home owner.
the person who signed the contract wants to countersue because she doesn't want to pay the extra fees or the change orders she made and agreed to ...Read More
I have two questions both using an AIA cost plus contract with a guarrenteed maximum price.
What documents would you normally expect to be in a final accounting? Down to drayage tickets and certified payrolls?
The General Contractor has a contingency in the schedule of values. If not used, the contingency fund belongs to the owner. The General Contractor has tried to use Change Orders and charge the amount of the Contingency, without prior notice and without approval of the Owner. I thought you could not use a change order against the contingency ...Read More